KULDEEP SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 23386, 23574, 23623 of 2011; 3945 of 2012; 3433, 5210, 6749, 7709, 7713, 7757 of 2013 as the cases involve common challenge to the notifications dated 18th December, 2008 and 17th December, 2009 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively whereby land measuring 135.88 acres situated within the revenue estate of Dadri (Hadbast No. 147), District Bhiwani, including the petitioners' residential houses/structures/plots, have been acquired for the development of residential Sectors 9-Part & 10-Part in the Urban Estate of Dadri, District Bhiwani. The question that arises for consideration in these writ petitions is whether the residential houses, other structures or partially-built vacant plots owned by the petitioner(s) deserve to be released from acquisition in terms of the State Government policy dated 26.10.2007 as modified on 24.01.2011?

(2.) For an appropriate answer, the facts of each case may be briefly notified:

(3.) It emerges from the above-stated brief facts that most of the petitioners purchased small pieces of plots out of agricultural land falling within the revenue estate of Village Dadri, now a Municipal area and for whose regulated urbanization the impugned acquisition has been made. It is also evident that most of the petitioners constructed their residential houses and other structures much before initiation of the impugned acquisition. The fact that the petitioners bona-fidely purchased the small size plots and have constructed residential houses as a measure of social security, indeed cannot be disputed. There is rather a candid admission by the Land Acquisition Collector that most of the houses/structures were found in existence at the time of survey conducted before issuance of Section 4 notification.